YUNISH KHAN & OTHERS Vs. RAMJAN

JUDGEMENT

(1.) This present petition under Section 482 of Cr.P.C. has been filed by the petitioners against the order dated 19.07.2016 passed by the Special Judge (Atrocities), Sheopur whereby, the revision preferred by present petitioners has been dismissed as order of cognizance taken by the Criminal Court has been upheld.

(2.) Learned counsel for the petitioners submitted that petitioner No.4-Samina Bano has filed a case under Section 498-A of IPC as well as under Section 125 of Cr.P.C. against the present respondent (her husband). It is also apparent that the petitioner No.4 preferred proceeding under the provision of Domestic Violence Act against the respondent. As a counter blast, the respondent has filed a false and frivolous case against petitioners under Section 323 of IPC. Learned counsel for the petitioners submitted that the evidence recorded before the Court below under Section 200 of Cr.P.C. is not reliable as PW-1 Ramjan has stated that [1] This version of the victim does not appear natural, as in case anybody comes with the intention to beat a person using Danda, it is normal phenomena he will always keep with Danda and will not go to back and take the danda from his vehicle to beat the person. Hence, prayed for allowing the present petition and quashing the order of taking cognizance.

(3.) Learned counsel for the respondent opposed the prayer and prayed for rejection of the petition.